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1. The defendant's notary public against the plaintiff is a law firm representative on December 14, 2009, No. 00371.
Reasons
1. Basic facts
A. Upon receiving a proposal from C to make an investment in entertainment tavern, the Plaintiff borrowed KRW 100,000,000 from the Defendant on October 13, 2009 at the maturity of December 22, 2009 with interest rate of KRW 25%, and thereafter invested KRW 100,000 to C around that time.
B. On December 14, 2009, the Defendant, on behalf of the Plaintiff, drafted a notarial deed under a monetary loan agreement on behalf of a notary public, stating that “When the Plaintiff borrowed KRW 100,000,000 from the Defendant on October 13, 2009, the Plaintiff borrowed KRW 1,000,000 from the Defendant on December 22, 2009 and interest rate of KRW 25% per annum.” (hereinafter “notarial deed of this case”) that “When the said obligation is not performed, the Defendant shall immediately be recognized that there is no objection” (hereinafter “instant notarial deed”).
C. On December 23, 2009, the Defendant drafted a notarial deed under a monetary loan agreement with a notary public stating that the debt of KRW 100,000,000 on behalf of C is a debt of KRW 100,000,000,000, which provides that “A notary public borrowed KRW 100,000 from the Defendant on December 12, 2009 from the Defendant on January 12, 2009, with a maturity of KRW 100,000,000 from the Defendant on December 12, 209, and 25% interest per annum, and if the said debt is not performed, the said debt shall be immediately recognized that there is no objection.”
C around January 201, 2010, around C, a national bank passbook (Account Number D), cash card, and seal was issued to the Defendant. The Defendant was repaid KRW 7,960,000 in total as follows, from February 2, 2010 to February 25, 2010, with respect to loans of KRW 100,000 by withdrawing the money deposited in the said passbook using the said passbook and the card.
On February 2, 2010 480,000 on February 2, 2010 2.2. 3, 2010 3.2,190,00 on February 4, 2010 . 2, 2010 . 3,190,100 on February 8, 2010 . 560,000 on February 560, 200 on February 560, 200 on the aggregate of 7,960,000 on February 25, 2010;
E. On February 16, 2010, the Plaintiff remitted KRW 5,000,000 received from C to the Defendant’s Han Bank Deposit Account (E).
F. The defendant shall raise an objection.